Car crashes are common in the United States. Usually, these accidents are minor, but sometimes car crashes result in serious injury or even death. The Centers for Disease Control and Prevention has issued a report on motor vehicle safety, which states that approximately 90 people die in car crashes each day. There are a number of common causes of car crashes, most of which could be avoided by exercising due care.
Drunk driving continues to be a major factor in car crashes. Some estimate there are approximately 300,000 drunk driving incidents every day; however only about 3,200 people are arrested for drunk driving on a given day.
Distracted driving has been the leading cause of car crashes for the past decade. According to the CDC, on average approximately eight people are killed and 1,161 are injured every day in this country in car crashes involving distracted driving. Anything that distracts the driver while driving must be eliminated. Phone calls should not be made while driving. Texting while driving is also extremely dangerous. Friends or children in the car can also be a source of distraction.
Speeding is the second most common cause of car crashes. Other drivers have an expectation drivers around them will be driving at approximately the same speed. Certainly, drivers have a reasonable expectation other drivers will observe the speed limit. When a driver is speeding, this decreases the amount of time it takes to encounter an obstacle, and increases the amount of time necessary to stop.
All too often, drivers will speed up when approaching an intersection with a yellow light. Sometimes, the driver makes it into the intersection on the yellow. Unfortunately, sometimes, the light turns red before the driver enters the intersection, but the driver proceeds anyway (perhaps because at this point, they can’t stop before the intersection). While entering an intersection on a yellow light is permissible, entering on a red light is not. Because drivers traveling in the other direction expect traffic to stop, they may proceed through the green light, and a crash can occur.
Running stop signs is just as dangerous as running a red light. Drivers need to come to a full stop at stop signs. Drivers should also be aware that other drivers, (particularly if they are distracted, drunk, or speeding) may not stop as directed.
There is a growing awareness of the dangers of driving tired, also known as drowsy driving. According to the CDC report on drowsy driving, the effects of drowsy driving are comparable to the effects of consuming alcohol and driving. Falling asleep at the wheel is the obvious danger. But drowsy driving can also slow reaction time, affect a driver’s decision making, and make it difficult for a driver to pay attention to their driving. Adults need at least seven hours of sleep a night and teens need at least eight hours of sleep. Any less and it may not be safe to drive.
Rain can cause slick, dangerous driving conditions. This is especially true when the rain first starts and mixes with the oil on the roads. If driving in the rain, drivers should pull over if visibility becomes too bad and wait for the storm to pass.
Driving aggressively, quickly changing lanes and driving over the speed limit can result in car crashes. Road rage is also cited as a common source of car crashes.
Driving at night reduces visibility and makes seeing hazards more difficult. It is important to be extra alert while driving on the streets at night. Pedestrians can be particularly difficult to see at night.
Teen drivers are in a difficult position. Their lack of experience puts them at greater risk for an accident, but the only way to get that experience is by driving, placing themselves and others at risk. Defensive driving courses are available for teen drivers. Limiting the number of passengers they are allowed can help reduce distractions. Teens should be told repeatedly that cell phone use, whether to make a call, send or read a text, or playing a game, is not appropriate while driving.
Construction zones can be extremely confusing, especially at night. Consequently, this is a common area where car crashes occur. Speed limits are commonly lower in construction zones for this purpose, as well as for the safety of the workers.
Both illegal drugs and prescription medications can result in car crashes. It is critical that people taking a new prescription determine the effect the prescription has on an individual. Even if taken as prescribed, a car crash due to prescription drug use can result in criminal and civil charges.
Following another car too closely is dangerous. It presumes an ability to stop that may not be justified. It also makes the other driver nervous, and can lead to them making poor choices. Allowing a reasonable amount of space between cars reduces the possibility of a car crash.
Potholes can present multiple problems. Nobody wants to drive over a pothole and risk damaging their car. Drivers often veer around potholes to avoid them. If the driver is not aware of other surrounding cars, a car crash can result.
Improper turns lead to crashes. Improper turns include turns from the wrong lane, turns at intersections where such turns are prohibited, and turns that the driver failed to signal. Because the turns are not anticipated by other drivers, crashes can occur.
Driving on curvy roads can be very dangerous, especially for drivers not familiar with the road. It is critical that drivers respect the posted speed limit. One never knows what is around the next curve.
If you have been injured in a car crash, you may be entitled to damages for your injuries. Contact the skilled auto accident attorneys in Florida at Madalon Injury Law for a free consultation.
This article is the second in a two-part series about what drivers should know if they are in a car accident in the state of Florida. With almost 250,000 car crashes reported every year, per the Florida Department of Motor Vehicles, it is best to be prepared for the possibility that one of those car crashes will happen to you or someone you love. In the first part of the article, we discussed the laws of Florida and what is required of drivers in case of an accident. In this second part, we discuss steps you can take to preserve evidence in case you have a personal injury claim, as well as to protect yourself from a suit from the other driver.
Write Down Exactly What Happened
As soon after the accident as possible, take a few minutes to write down what happened. You may even wish to use the voice feature on your phone to document the events that occurred – even as you are waiting for law enforcement to arrive. Be as detailed as possible. More detail is always better than less.
Take Pictures of the Scene
Ideally, you will be able to take pictures before either car is moved. Take pictures from all angles, documenting not only the vehicles’ positions, but also such things as skid marks (or lack of skid marks) on the pavement, broken glass, and damaged property near the scene. Include pictures of street signs. Make sure that at least some of your pictures clearly establish where the vehicles are in relation to each side of the street. An accident scene that only documents close-ups of the vehicle fails to clearly establish the crash scene.
Determine if There Were Any Witnesses
Obvious witnesses, of course, will include your passengers and the passengers and driver of the other vehicle. Less obvious witnesses could be that person peeking out their window at the crash scene, or the business owner who is offering to help. Look around to determine if you can identify any other witnesses.
Gather Witness Contact Information
If you identify any witnesses, take a moment to gather their contact information. This should include their name, address, phone number, and email address. This may be another time to use the voice recording feature on your phone. Be sure to confirm that the information is correct. Finally, make every effort to back up this information on another device in another forum as soon as possible.
Look for Security Cameras
Take a moment to review your surroundings to determine if you can identify any security cameras that might have recorded some or all of the accident or the events leading up to the accident. Recall that while you may have been approaching the accident scene from one angle, it is likely the other driver was approaching from another direction, so take a moment to review the other driver’s path as well.
Document the Damage to Your Vehicle
Note that documenting the damage to your vehicle is a step separate from documenting the accident scene. Make sure your documentation includes every side of your vehicle. You also should document the condition of the inside of your vehicle.
Document the Damage to the Other Vehicle
Similarly, you should document any damage (or lack thereof) that the other vehicle or vehicles may have sustained. Your goal is to be as thorough as possible without appearing rude. This is for the protection of both of you. Note: Most people will understand the importance of completely documenting the scene. However, your safety is important. Do not get into a confrontation with the other driver. If need be, ask law enforcement to assist you with documenting the damage to the other people.
Document Any Other Damage that May Have Been the Result of the Crash
Take a moment to survey the greater scene. Has a guardrail been damaged? Is a light post knocked over? Anything that appears even remotely out of place, that could have occurred as a part of the car crash, take the time to document it. Again, it is not enough to take a close-up picture of a dented guard rail. You should take the close-up, then take a distance shot, which clearly establishes not only the damage to the guard rail, but the background so there is no confusion as to which guardrail was damaged.
See a Doctor About Your Injuries
Obviously, if your injuries are serious enough to require a hospital visit, documenting the accident needs to be left to someone else. Go to the hospital immediately. If you are unsure whether or not you need to go to the hospital, and law enforcement is encouraging you to go, then by all means go! Law enforcement officers have been trained to handle all sorts of accidents, and are able to recognize shock. Trust them. If they say you should go to the hospital, please listen.
If you are not in need of emergency care, it is still a good idea to see a doctor about your injuries or potential injuries as soon as practicable.
Start a “Crash Diary”
We have previously discussed the importance of keeping a personal injury journal in our blog. A crash diary is a precursor to the personal injury journal. In many cases, the nature and extent of your injuries are not clear in the first few days. This is why it is critical that, from day one, you document the crash, and any injuries or expenses associated with the crash. Hopefully, after a week, you will confirm that you are indeed injury free and there is no need to continue maintaining your crash diary. However, if you are injured, your crash diary may be critical.
If You Have Been Injured in a Car Crash
If you have been injured in a car crash or if you have lost a loved one in a car crash, you may be entitled to compensation for your injuries, your lost wages, property damage, and funeral expenses. Please contact the personal injury attorneys at Madalon Injury Law. We are well versed in personal injury law. We would be happy to discuss your case at no cost to you.
According to the Florida Department of Motor Vehicles, there are over 16 million drivers on the road in the state of Florida alone. As a result of these drivers, Florida has almost 250,000 vehicle crashes each year. The most common reason for car crashes in the state of Florida is careless driving. This could mean texting while driving, being distracted by other passengers, being distracted by something outside of the vehicle, such as another accident, and any number of other possible situations wherein the driver’s attention is not fully on the task at hand.
If you are in a car crash, there are certain things you need to know about the laws of Florida and your obligations to anyone with injuries; your obligations to other drivers on the road; and your obligations to owners of other vehicles, including unattended vehicles. You should also know what steps you should take to protect yourself in case of injury, and against potentially frivolous lawsuits. Particularly if you or someone else has been injured, taking the following steps can be critical both for compliance with Florida law and in anticipation of a potential lawsuit for property damages and personal injuries.
Do Not Leave the Scene of a Car Crash
If you are a driver of a vehicle that has been in a car crash that involves injuries, do not leave the scene without providing the other party with information, including your name, contact information, and insurance information. Failure to do so could result in you losing your privileges to drive in the state. Of course, if you are being removed by ambulance, this could provide for a legally defensible exception to this rule.
Do Not Block Traffic
While it is essential that you not leave the scene of a car crash entirely, you should move your vehicle to the side of the road, rather than leave it in the intersection or wherever else the car may have ended up after the crash. Of course, there may be times when your car is no longer operable. In this case, you should call a tow truck to remove the vehicle. The caveat to the “do not block traffic” rule is this: Before you move your vehicle, take a few minutes to document where your car ended up after the accident. If you have a cell phone, take pictures of the car in its final resting place from all angles. If you find yourself without a working cell phone, grab a pen and paper and sketch out the accident scene
to the best of your ability.
If You Crash into an Unattended Vehicle
If you crash into an unattended vehicle, (or if a vehicle that is unattended crashes into your vehicle, due to a failure of the operator to put it in park or other vehicle failure) you must inform the owner of the incident and your identity. Florida’s Department of Motor Vehicles advises you to provide your name, your address, your license plate number. Florida’s DMV also requires that you report the accident to the local police, the local sheriff, or the Florida Highway Patrol regardless of the amount of damages or injury.
Report the Crash to the Proper Authorities
In any car crash that involves property damage over $500 or involves injuries to any party, the crash must be reported. You can call the local police department, the sheriff’s department, or the Florida Highway Patrol. It is possible that you may be involved in a car crash that involves property damage where you are unsure if the damage will amount to $500 or more. In that situation, it is best to report the accident, in an abundance of caution. Additionally, not all injuries present themselves immediately. Reporting the crash will result in an investigation by law enforcement, who will likely write a report. This could be critical later. A failure to report the accident can’t be undone. In other words, you may file a report and discover you don’t need it. However, this is far preferable to failing to file a report and discovering later that you would, in fact, have benefited from having filed such a report.
Critical Next Steps
Once you have assured yourself that you have complied with all laws governing car crashes, take a moment to assess the situation with an eye towards future potential litigation. Remember, regardless of whether you believe you or the other person was at fault, the other driver may not agree with you. It is important to protect yourself both so that you may collect damages if you are entitled to them, but also to protect yourself from someone wrongfully obtaining damages from you that they are not entitled to. This can be done by taking the following steps:
Write down exactly what happened;
Take pictures of the scene;
Determine if there were any witnesses;
Gather witness contact information;
Determine if there might have been security cameras in the area that may have documented all or part of the accident;
Document the damage to your vehicle;
Document the damage to the other vehicle;
Document any other damage that may have been the result of the crash;
See a doctor about your injuries; and
Start a “crash diary.”
These critical next steps will be discussed in greater detail in Part Two of our series, “ What to Do If You Are in a Car Accident in the State of Florida.”
If You Have Been Injured in a Car Crash
If you have been injured in a car crash, or if you have lost a loved one in a car crash, you may be entitled to compensation for your injuries, as well as lost property and lost income. Contact the personal injury attorneys at Madalon Injury Law. Our attorneys are happy to review the facts and circumstances of your case at no cost to you to determine whether you may have a claim. Because Florida has a strict statute of limitations, do not delay. Contact us today.
Florida Statute Chapter 316, State Uniform Traffic Control, sets the rights and responsibilities of drivers and pedestrians in the State of Florida. Whether you drive or walk, or do both, on a regular basis, here is an overview of your rights and responsibilities:
Legal Definition of “Driver” and “Pedestrian” in the State of Florida
Florida defines “driver” in Chapter 316, Section 003, as, “Any person who drives or is in actual physical control of a vehicle on a highway or who is exercising control of a vehicle or steering a vehicle being towed by a motor vehicle.” That same chapter and section defines “pedestrian” as, “Any person afoot.”
Rights and Responsibilities of a Driver in an Accident
Any driver involved in an accident involving property damage or serious injury must stop immediately and remain at the scene. The driver is also required to render aid, where appropriate, and exchange information with the other party. Required information includes the driver’s name, address and the registration number of the driver’s vehicle. The driver must show the other parties involved, and police officers, his or her driver’s license upon request. A driver involved in an accident needs to avoid blocking traffic, moving his or her car if necessary. In cases involving personal injury or death, the driver needs to contact the police as soon as possible and report the accident.
Traffic Control Devices – Drivers and Pedestrians
Drivers must comply with any traffic control device such as a stoplight or a stop sign. A driver may proceed through the intersection when the stoplight turns green. However, drivers must yield to other vehicles and pedestrians lawfully in the intersection or crosswalk, including vehicles turning left or right. Unless signs indicate otherwise or it is accompanied by a green arrow, when the light turns green pedestrians may proceed using a marked or unmarked crosswalk.
Drivers at a red light may turn right, unless there is a sign prohibiting such a turn. Drivers should always check for a “No Turn on Red” sign. Some “No Turn on Red Signs” always apply; some are limited based on the time of day. Remember, drivers must yield the right of way to any pedestrians in a marked or unmarked crosswalk. Pedestrians at a red light are not supposed to enter the roadway unless a pedestrian light indicates they may. A flashing red signal is a stop signal and should be treated like a stop sign. A flashing yellow signal indicates that drivers may proceed through the intersection with caution. Drivers must also yield the right of way to pedestrian highway workers.
Rights and Responsibilities of Pedestrians.
If a roadway has a sidewalk, the law requires pedestrians to use it. Pedestrians are not allowed to walk on the roadway when a sidewalk is available. When there is no sidewalk available and a pedestrian is walking on the roadway, the pedestrian is required to walk on the shoulder on the left side of the roadway. Where there is no traffic control device, such as a stop sign or a traffic light, a driver is required to yield the right of way to a pedestrian in a crosswalk. Common sense and the law requires that pedestrians must not make sudden moves off of the curb, even into a crosswalk, when a driver will not have time to come to a safe stop. Pedestrians crossing a roadway outside a marked or unmarked crosswalk must yield to drivers on the roadway. No pedestrian can legally cross an intersection diagonally unless authorized by traffic control devices.
Additional General Rights and Responsibilities of a Driver.
Drivers must not drive at a speed unsafe for the conditions, including, but not limited to time of day, angle of the sun, weather, condition of the road, any curves in the road, approaching a railway crossing, etc. Drivers must also abide by speed limits set by official signage. In the state of Florida, drivers have an additional duty of care to watch out for children near schools, playgrounds and other areas where children tend to congregate.
Accidents Between Pedestrians and Cars – Who is Responsible and Who Pays?
This article has laid out some of the basic rules of the road for drivers and pedestrians. The simple answer to “who pays?” is: “Who broke the rules?” In the state of Florida, pedestrians and drivers are expected to exercise reasonable care. If that standard is broken and an accident occurs, a determination of fault must be made. Fault in Florida is not absolute; a percentage of fault will be broken down. What percentage of the fault can be attributed the driver and what percentage of the fault can be attributed to the pedestrian will be determined. It should be noted, if a driver sees a pedestrian “breaking the rules,” that is not permission to get in an accident. A driver must still exercise reasonable care and attempt to avoid an accident. If a pedestrian is being reckless and gets injured in an accident, it may be much harder for him or her to collect damages in a personal injury case in Florida.
What Do I Do Now?
If you have been involved as an injured pedestrian or injured driver in an accident, you will need a determined Florida auto accident injury claim attorney. Car and pedestrian accidents seem simple at first, but the way fault is determined in Florida actually makes these cases quite complicated. The right attorney will work hard to get you the damages you deserve. Don’t settle for less than the best representation. Every claim must be evaluated on a case by case basis. If you were injured in Florida, please contact the offices of Madalon Injury Law. With offices throughout the state, we are sure to have a location near you. If you are unable to travel to one of our offices for whatever reason, we will come to you. We will not charge you to discuss your case. If you choose us to represent you, there will be no charge unless we win your case. We are excited to hear from you soon and want to get to work for you.
Miami roads are dangerous.
Many car accident victims make the mistake of not speaking to Miami Car Accident Attorneys, and as a result, they receive a far smaller settlement than their case is truly worth. The Miami Car Accident Attorneys of Madalon Injury Law will explain and defend your rights in your personal injury case. We offer a free initial consultation, and take cases on a contingency-fee basis, meaning we don’t get paid until you receive your settlement.
Accidents in Miami
With all of the tourists and busy commuting locals in Miami and surrounding areas, accidents involving motor vehicles have become all too common. The Florida Department of Highway Safety and Motor Vehicles annual report on Florida Traffic Crash Statistics showed an average of 646 car crashes each day in the state – equal to 27 Florida motor vehicle accidents every hour of every day. Even worse, well over half of the car crashes in the state resulted in personal injury or fatality to those involved.
Miami car accidents may occur as the result of many circumstances, but in most instances they are the unacceptable result of poor decision making on the part of one or more drivers. Drunk drivers, or those under the influence of drugs, are most often the cause of car crashes resulting in personal injury or fatality. Other accidents are caused by reckless or negligent driving, including:
The most common type of two-vehicle accident in Fort Lauderdale is the “rear-ender” – when a car is bumped or rammed from behind by a following vehicle. Today, the number of rear end car accidents is increasing, due to the many new driver distractions such as texts, cell phone calls, iPods, and in-dash navigation systems. Rear-end road rage incidents are also on the increase, with drivers in a hurry purposely tailgating and even tapping the bumper of a car they feel is moving too slowly. In most rear-ender incidents, it is assumed that the driver of the rear-ending car is at fault, and will be liable for any damages incurred in the collision – but there are some important exceptions to this rule.
No-Fault Insurance
In Florida, the most significant factor in getting compensation for damages caused in a rear end car accident is the state’s designation as a “no-fault state.” This means that in Florida, drivers must carry their own auto insurance, and will then collect compensation for their own damages and injuries from that insurance instead of suing the other driver for damages.
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One of the most common medical issues arising from automobile accidents – including rear end collisions or “fender-benders” – is referred to as “whiplash.” This is the layman’s term for the injuries that can be caused by a sudden, violent extension and retraction (flexion) of the neck. A number of different medical terms may be used to describe the physical presentation of whiplash, including “hyperextension / hyperflexion injury”, “myofascial injury”, “neck sprain or strain”, and “cervical strain or sprain”. These soft-tissue injuries may cause serious physical problems, and can impair your ability to perform work duties or daily activities.
Symptoms of Whiplash
If you have been involved in a rear-end collision or some other incident that could cause whiplash, you should be on the lookout for any signs of a neck injury. Some symptoms that may develop include:
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According to recent traffic safety statistics, more than 6 million car accidents occur on U.S. roadways each year. Of those, 2.5 million are rear-end car accidents. Although the majority of “rear-enders” are not fatal, they can result in a wide range of injuries – some of which can be debilitating and costly.
Neck and spinal injuries are the most frequent injuries arising from rear end car accidents, but there are many other possible injuries as well. Common injuries in rear end accidents include:
Back / spine injuries – The force of the impact from behind when someone rear-ends your vehicle can cause compression of the spine and damage to the disks in the lower back. One result of this can be a condition called disk herniation, which can be excruciatingly painful and cause both immediate soreness and long-term pain.
Neck / shoulder injuries – About one out of every five people involved in a rear-end vehicle accident suffers what is generally known as “whiplash.” This is a non-medical term describing the stiffness, soreness, and pain experienced in the upper spine, shoulders, and neck when they are violently moved in a sudden manner (known as hyperextension and hyperflexion). Whiplash injuries can remain painful for months or even years, limiting your everyday activities and range of motion.
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People who ride bikes have likely experienced – or know someone who has experienced – a crash of some kind. Some incidents, such as slipping off the edge of a road or losing control on a soft shoulder and ending up in the ditch, may leave you with a bruised ego, road rash, and minor discomfort. Other bicycle accidents and collisions can be far more serious, especially if they are hit by a car or other motor vehicle.
Cyclists are hit by cars more often than you might believe. Usually, the accidents are the result of the inattention of the vehicles’ drivers. They may not come to a complete stop at an intersection because they don’t notice the bicycle crossing in front of them; they may make a turn or pull into a lane without looking; or they may be focused on something other than the road, and sideswipe a cyclist in passing. The injuries sustained by bicyclists in these kinds of accidents can be severe and life-changing, requiring a long recovery process and racking up thousands of dollars in medical bills and lost income.
Most states, including Florida, consider bicycles to be “vehicles”; they require bicyclists to ride on the street instead of sidewalks, and to follow traffic laws such as coming to complete stops at stop signs and red lights, signaling stops and turns, and yielding when another vehicle has right-of-way. Cyclists also often ride at high speeds, meaning that they cannot avoid a collision as easily as a pedestrian if a vehicle is coming toward them or stops suddenly in front of them. Unfortunately, not all drivers on the road treat bicycles as vehicles, thinking of them more as pedestrians if they pay any attention to them at all.
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After helping thousands of families get back on their feet, our staff agrees that there is nothing worse than when one of the victims in an accident is a child. In many cases, the severity of the child’s injuries was reduced by the correct use of a car seat. Unfortunately, there are also accidents where the child’s injuries were more severe than they had to be due to the incorrect use of a car seat.
Research by the National Highway Traffic Safety Administration shows that over 70% of child safety seats are not installed properly. This can lead to serious injury or death if involved in a car accident. Even though we appreciate all of our clients, we hope this information can stop a child from becoming one.
Car Seat Installation
Did you know car seats have an expiration date?
In this age of social media, when most people have smart phones and accounts on multiple online social platforms, it is common for individuals involved in accidents to post status updates and photographs about what has happened to them. Our accident attorneys understand that it has become second nature for many, especially young people, to share every moment of their day online, without thought of how far their information and photographs may spread. If you are involved in a car accident, truck accident, motorcycle accident, or any situation that results in a personal injury, this is a very bad idea; it could cause you to lose compensation you deserve for your injuries, even if someone else was at fault.
You Never Know How Far a Tweet or Status Update Will Spread
Social networks are a powerful method for disseminating information – sometimes when you don’t even realize you are doing it. For example, during the recent Academy Awards ceremony, a “selfie” posted by host Ellen Degeneres – of herself with a number of other attending celebrities – became the most shared photo ever on social media site Twitter. The record breaking “selfie” was re-tweeted so many times that Twitter crashed. See Ellen’s tweet here.
Facebook Post Results in Loss of $80,000 Settlement
While the viral spread of Ellen’s “selfie” did no damage, another post – this time on Facebook – had a much more damaging effect. Patrick Snay, former headmaster of Gulliver Preparatory School in Miami, sued his employer for age discrimination, winning an $80,000 settlement. This settlement was subject to a confidentiality clause. Following the decision, Snay breached confidentiality by telling his daughter about the award, and she then posted a status on Facebook, saying, “Mama and Papa Snay won the case against Gulliver. Gulliver is now officially paying for my vacation to Europe this summer. SUCK IT.” When lawyers for Gulliver Prep proved in court that current and former Gulliver students had viewed that damning status update, Snay lost the entire $80,000 settlement amount.
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Just this month, four young fraternity brothers from the University of South Florida died in a head on collision on Northbound I-275 outside of Tampa. Another young man, the driver of the Ford Expedition that caused the collision, was also killed. This collision was especially deadly because it was a wrong-way accident, with the Expedition travelling south in I-275’s northbound lanes at a high rate of speed. During the same weekend, six people also died in a similar head-on collision across the country on an LA County freeway.
Although any road can be the scene of a serious wreck under the wrong conditions, car accidents on Florida’s freeways, highways, interstates, and turnpike are often catastrophic – even when they are not wrong-way accidents. This is because of the traffic density and high speeds of vehicles on these roadways, and because large trucks crowd the lanes transporting cargo across the state. And with its international port and high population concentration, Miami-Dade, Broward and Palm Beach County see a large percentage of Florida’s highway collisions.
I-95 is well-known for the dangers it poses to drivers, especially during commuting times and late weekend nights. Rush hour traffic can bring the highway to a near standstill, but when not in gridlock, it can be the site of some of the most aggressive driving witnessed by law enforcement across the region. Eager to take advantage of any opening, and frustrated with heavy traffic, drivers may take to speeding, tailgating, switching lanes without signaling, and refusing to let others merge at on-ramps and off-ramps. The Palmetto Expressway, Florida Turnpike and Dolphin Expressway also have their share of high-risk driving behaviors and road rage incidents.
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A recent National Highway Traffic Safety Administration report stated that between 35 and 40 percent of all reported vehicle collisions across the United States are intersection car accidents – and Florida is no exception. In fact, Florida is home to a number of the most dangerous intersections in the country.
Dangerous Florida Intersections
In 2004, a crossroads in Pembroke Pines was listed in the State Farm Danger Index as the intersection with the highest number of accidents in the nation – followed closely by other Florida intersections in Plantation, Tamarac-Lauderhill, Palm Harbor, Winter Park, Tampa, and Orlando. In response to these findings and continued reports of deadly intersection car accidents – including the death of Mark Wandall, a man killed by a red light runner in 2003 – the state government has worked to improve intersection safety.
In 2010, legislation passed to install “red light cameras” at known dangerous intersections in an effort to deter red light runners and reduce serious injuries and fatalities from intersection collisions. Although these cameras have, indeed, reduced deaths and serious injuries, the number of rear-end collisions has actually risen at many intersections with the cameras installed, as more drivers brake suddenly instead of hurrying through an amber light.
Causes of Intersection Car Accidents
The vast majority of intersection car accidents can be attributed to some kind of negligence or human error – the most common being distracted driving and a driver’s inattention to their surroundings. In fact, over 40 percent of all intersection-related collisions are due to the negligence of at least one driver. With the unfortunate increase in texting-while-driving behavior and the greater number of electronic gadgets in newer cars, this trend is expected to continue or even become worse in the near future.
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A number of alarming new hashtags are trending on Twitter and cropping up on other social media sites like Instagram, Facebook, and Vine: all related to “driving selfies.” This is the dangerous – sometimes deadly – practice of using a smart phone or tablet to take a self-portrait (or a group shot) while in the act of driving a vehicle. The number of car accidents caused by distracted drivers will continue to rise with this trend.
A quick search for “driving selfies” on Instagram or Twitter brings up at least five wildly trending hashtags, including #drivingselfie, #drivingfast, #drivingtowork, and #drivingintherain. There is even an “ironic” trending hashtag: #ihopeidontcrash. There are somewhere in the range of 15,000 posts on Instagram alone under these hashtags, with more popping up every day – and this does not include the other “while driving” shots, such as passengers hamming it up in the back seat, scenery flashing past the window, and even beads of rain moving across the windshield (see #rainx).
While there is a long list of unwise and dangerous distracted driving activities, very few are quite as disturbing as this new “selfies while driving” trend. All distracted driving has the potential to be deadly, but there are a number of reasons this is such an alarming development:
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When a person is injured in an auto accident, the attorney they hire can help them recover damages to cover medical bills and lost wages. In more severe cases, the victim may be able to receive damages for pain and suffering. Because this requires proving a permanent injury, many attorneys in Florida often refer to this statute as creating a permanency threshold.
There are several Florida laws that govern car accident cases and bars a plaintiff from receiving damages for pain and suffering. One Florida law, section 627.737 Florida Statutes, states that a plaintiff cannot receive damages for pain and suffering unless they can prove one of the following:
(a) Significant and permanent loss of an important bodily function.
(b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
(c) Significant and permanent scarring or disfigurement.
(d) Death.
How Past Medical History May Affect Your Case
In Duclos v. Richardson, 113 So. 3d 1001 (Fla. Dist. Ct. App. 2013), plaintiff Jeanette Richardson sustained neck injuries due to an automobile accident. Ms. Richardson sued Duclos, the defendant, because he was at fault.
Ms. Richardson provided medical testimony from three doctors whom deemed her neck injury as a permanent one. The defendant then provided medical testimony from an orthopedic surgeon, Dr. Thron, who testified that Ms. Richardson suffered from arthritis in her neck and that the automobile accident did not cause permanent injury to her neck. Dr. Thron based his testimony on prior medical records belonging to Ms. Richardson.
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Design defect and manufacturing defect fall under the category of product liability. A design defect is established when the blue print of a particular product, such as the blue print of a car, is not properly designed. This means that an entire line of a product is defective as opposed to just one product. A manufacturing defect on the other hand is established when one product only in an entire line is defective. For example, the steering wheel of one Toyota Corolla out of a hundred may have not been inputted correctly.
A company’s main objective is to constantly increase the amount of money they receive by selling cars for example. It is the company’s duty to make sure that all their products are safe. When there is a defect in a particular product’s blue print and that product was manufactured and sold to many, any injuries sustained by any of the consumers will be held against that company. If there is only one product from an entire line that injures its consumer, the company will be liable to that consumer.
Recent Design Defects and Manufacturing Defects That Involve Automobiles
• Defective Tires: According to the National Highway Traffic Safety Administration (NHTSA), more than 8,000 serious or fatal accidents are caused by tire failure every year.
• Defective Airbags: Airbags have saved countless lives. Unfortunately, the malfunction of one can result in serious injury or death. If the airbag fails to deploy during an accident, the person in the collision will be much more vulnerable to the impact. If the airbag deploys without an impact, the driver will most likely lose control of the vehicle and can easily get in an accident. Even if the driver were to be able to maintain control, the deployment of the impact itself can cause serious injury.
• Defective Seatbelts: The problem with a defective seatbelt can usually be found with the belt latch. During a collision the latch can become unlatched or break. A defective seatbelt can result in serious injury even in a minor car accident.
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If you are involved in a car Accident, it is vitally important to gather evidence as soon as possible, to protect your interests and legal rights. A critical piece of evidence in any accident lawsuit or insurance claim is a collection of Accident scene photographs.
Today, more than ever before, people have the tools they need to obtain photographic evidence immediately following an accident. With mobile devices, dash cams, and small digital cameras everywhere, an accident victim and/or bystanders can take photos of the automobiles, the damages, the weather conditions, the physical scene, and many other details of the crash site. These photographs can help with insurance claims, and can be a great help to a car accident lawyer retained to pursue a personal injury or wrongful death lawsuit.
Car accident attorneys advise clients to take many, varied, and detailed images of the scene. This photographic evidence, especially pictures and videos taken immediately following the crash – and before cars, obstructions, or signage is moved or changed – can support your version of events, and can also help to restore details to faded or confused memory when you are later asked to recall the event in settlement meetings or in court.
Still photographs and videos can be taken on iPods, tablets, cell phones, and dash cams, as well as everyday cameras. One benefit of today’s gadgets is that you can see exactly what pictures look like as you take them, so if an important image is blurry, is obscured by glare, or is otherwise unhelpful, you can take another. It is important to use a flash for clarity, and to enable the date/time stamp on whatever device you are using, for more precise evidence.
An experienced car accident lawyer will advise you to take as many pictures as possible, to ensure that you capture details that may be important later on, even if you don’t realize their importance at the time of the accident. Some of the most important images you should focus your efforts on are:
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Recently, there have been a number of stories in the news regarding traffic fatalities directly related to high-speed driving. Here in South Florida, in fact, two men in their early 20s were just killed in the first week of the New Year, when the Eagle Talon they were in lost control on a curve, flew off the road, and collided with a tree in Coral Springs. Police believe speed was a causative factor in this Broward County car accident.
Speed has also been found to be the primary cause of the deadly November automobile accident of “Fast & Furious” star Paul Walker and his financial advisor Roger Rodas. No debris or damage to the road surface was found, no alcohol or drugs were found in the men’s systems, and no mechanical issues with the car were evident before the accident – but witnesses reported that the Porche Carrera GT that Walker and Rodas were in was likely traveling approximately 100 miles per hour at the time of the accident, along a stretch of road with a 45 mph speed limit.
Speed-related accidents and young drivers
One demographic of drivers most likely to be involved in a speed-related car accident is teen drivers. Speeding is implicated in over 30% of fatal car crashes involving young people in the United States. Even more disturbing is the statistic that over 50% of fatality accidents involving teens with 3+ passengers are at least partially the result of high-speed driving. Many of these accidents occur after dark, and are often single-vehicle crashes, where the driver simply loses control of the vehicle and runs off the road.
Why speed can be deadly
When you increase the speed at which a car is traveling, you increase the distance it continues to travel from the moment the driver notices an obstacle (or curve) until he or she can react. Speed also increases the “crash energy,” meaning that impacts are greater, making devastating injury and death more likely.
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The Florida Turnpike is the nation’s 3rd most traveled toll road. To some, it is part of their daily commute. For many that live in Broward, Miami-Dade or Palm Beach County; it is the preferred route when visiting Disney, Universal Studios and other popular Orlando destinations. Unfortunately, this popular toll road also has its fair share of car accidents.
Anyone who is familiar with driving on the Turnpike will agree that it is not the most scenic road. Looking at the same picture ahead of you while driving on lanes that seem they have no end, can bore a driver and put them into a mental state where they may pay less attention to the road. When this happens, the driver puts themselves and anyone else they are sharing the road with in danger of being involved in an accident. Unfortunately, accidents on the Florida Turnpike usually occur at high speeds. This increases the chances of the accident being fatal.
Although the number of car accidents that result in fatality has dramatically decreased on the Florida Turnpike in recent years – largely due to the installment of new guardrails along nearly 170 miles of Turnpike median – it is still the scene of an alarming number of deadly crashes each year. The Turnpike, running 312 miles from Florida City to Wildwood, sees an average of 75 – 100 fatal crashes annually. This number is significantly down from the 142 fatalities that occurred in the year before guardrails went in, but the Turnpike is still one of the most dangerous stretches of high-speed roadway in the state.
I-95 is another deadly highway – with an average of 1.7 traffic fatalities per mile throughout the state of Florida. Due to the high speed limits on both the Turnpike and Florida’s highways, people drive more aggressively than on smaller roadways, and regularly exceed 60 mph, making car accidents more likely to result in fatality. One of the most accident-prone sections of I-95 is that which passes through Broward County. Not only does this stretch see high traffic volumes, but drivers along the Miami-Dade/Broward stretch of the highway are often distracted by smart phones, GPS systems, and MP3/Video players provided by in-dash technology. These distractions can cause car accidents on any roadway, but the traffic congestion and high speeds along I-95 make them far more likely to cause devastating accidents, serious injuries, and fatalities.
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Federal law allows each state to set the maximum speed limit for the state highways within its boundaries. Florida legislature has assigned to the Florida Department of Transportation (“FDOT”) this task of determining appropriate maximum speed limits for its state highways. Pursuant to the FDOT, generally, the maximum speed limit for interstates is 70 mph. However, the maximum speed limit for a highway with four divided lanes and located outside a city is 65 mph. Other state highways have a maximum speed limit of 60 mph.
Research conducted by the Insurance Institute for Highway Safety (“IIHS”) has revealed that speed reduces ones ability to avoid a potential auto accident. Thus, when one is faced with an inevitable auto accident situation coupled with high speed (for example, while driving on a Florida highway) the harm to the parties involved typically turns out to be of great degree or even worse, fatal. This degree of harm and/or fatality increases when one of the objects involved is a commercial truck. Because most truck accidents occur on state highways, at high speeds, it is important to be cognizant of the laws governing these commercial vehicles, and how these laws are used in order to resolve a potential matter.
How Liability Is Imputed In Truck Cases
When it comes to commercial trucks, federal law governs. The regulations imposed by our federal government are meant to make truck driving safer for the whole community of drivers. The significance of these regulations definitely comes into play when one is faced with an accident caused by the negligence of a truck driver.
Commercial truck drivers must be qualified and trained in order to obtain their licenses. When we investigate an auto accident involving a commercial truck or tractor-trailer, we look for potential reasons for the cause of the accident. Pursuant to federal law, there are certain amounts of hours that commercial truck drivers can drive and not exceed. If there happens to be an excess of driving hours, the truck driver may be deemed “fatigued.” If the driver is deemed fatigued, this will only add to his negligence matter. Thus, it is of upmost importance to obtain the documentation book that keeps record of the amounts of hours the at-fault truck driver had driven before the accident occurred.
Another factor we take into consideration is the truck driver’s driving record. A long list of speeding tickets or prior accidents would only supplement his negligence claim.
Truck maintenance is something we additionally take note of. It is not safe for example, for a truck driver to drive his truck while it is overloaded. If an overloaded truck happens to strike another vehicle, the impact it poses is greater than that of what it would have posed if it weren’t overloaded.
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Insuring Your Vehicle
When you buy a car and insure it, an agent from any given Florida insurance company will mandatorily offer what is called Uninsured Motorist/Underinsured Motorist (“UM”) coverage. You, as the insurance seeker, may opt to choose this type of coverage or you may waive it by signing what is called a UM waiver. The purpose of this material is to inform you about the importance of UM coverage, specifically in the state of Florida.
Florida Is a No-Fault State
Florida is a no-fault state with regard to automobile accidents. This means that when an at-fault driver has produced injuries to an innocent party, that at-fault driver need not pay for the medical expenses that will be incurred by the innocent party.
There is however an exception to this no-fault policy. Automobile accidents can result in serious injuries. When severe injuries are obtained, such as a permanent injury, you may need more medical coverage than what your insurance provides. In a situation of severity, and if your policy has already covered all that it can, you may seek the at-fault party’s insurance for help. The problem with reaching out for benefits via the at-fault party’s insurance policy are that said at-fault party might not have any benefits available at all (an uninsured motorist), or the benefits available via his insurance might not be sufficient (an underinsured motorist).
UM Coverage May Protect You from Uninsured and/or Underinsured Motorists
In essence, UM coverage is for self-protection and you should take it into consideration when seeking automobile insurance in Florida. Many people who waive this type of coverage do so because their monthly premiums would be lower without it. Although paying the least amount monthly for your premiums is ideal, it is also very important to imagine the worse case scenario. It is absolutely better to be safe than sorry.
UNINSURED MOTORIST:
If you encounter yourself in a situation wherein you are rear-ended and sustain severe injuries, it is best to have this UM coverage as opposed to not having it. Your insurance company will take care of some of your medical expenses but what happens when your benefits have exhausted? The next step would be to seek benefits from the at-fault driver’s policy. However, what if this person’s policy has nothing available for you? Having opted for UM coverage when you were seeking for automobile insurance will save you from not having supplemental benefits via the uninsured driver.
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Reason for New Law
“I have to live the rest of my life without my daughter,” said Steve Augello, an activist for the “no texting while driving in Florida” law. Five years ago, Allie was involved in a fatal motor vehicle collision with another driver. Investigators concluded that the accident resulted due to the distraction of the other motorist who was texting and driving. Allie’s case is only one out of too many unfortunate cases resulting in personal injury or death due to the distraction of another driver. The U.S. Department of Transportation has revealed that in 2010, 387,000 people were injured in motor vehicle collisions due to these so-called “distracted drivers.” In 2011, this amount increased to a total of 416,000 people.
Scientists working for Direct Line auto insurance recently acknowledged that texting and driving could be more dangerous than driving under the influence. The research leading to this revelation included a simulator for the purpose of imitating a motor vehicle. Reaction times of drivers under the influence, and reaction times of drivers on their cell phones were compared. Specifically, the results yielded that reaction times of drivers on their cell phones is 30% slower than that of intoxicated drivers. Correspondingly, reaction times of drivers on their cell phones were 50% slower than that of regular drivers not under the influence and not on their cell phones.
It is undeniable that our society’s high interest for cell phones is playing a major role in the increase of accidents due to texting distractions. A cell phone this day and age is essentially a mini-computer. One can send emails, instant messages, texts, and more. With a majority of the states already banning text messaging while driving, it is not unusual that Florida has joined the no texting while driving bandwagon.
Clarity Regarding New Law
As of October 1, 2013, if a driver in Florida is suspected of committing a traffic violation while texting, said driver can be fined up to $60. In other words, a fine for texting while driving will only be imposed as a secondary offense when coupled with the suspicion of another traffic violation. The statute expressing this recent law is titled: “Wireless communications devices; prohibition.” The language used in the statute has the tendency to lead one to believe that the main issue is texting via cellphone while driving. Although cell phones are a part of the big problem, it cannot be ignored that there is a reason why the statute’s author used the broad term “wireless communications devices.” Thus, the statute supplies a definition for said term. A wireless communication device is any electronic device that can be held by hand and that serves as a portal for communication. It is true that cell phones win the gold medal for being the main problem, however, other devices such as I-Pad’s and mini-computers that can be held by hand and that serve as portals for communication, are also a part of the “distraction problem.”
Exceptions
The statute’s language expresses that no driver will be punished if the vehicle he is operating is parked or momentarily stopped (i.e., stationary). Thus, as previously referred to, only one that is simultaneously driving and texting, and deemed suspicious for committing some other traffic violation, is susceptible to punishment. Exceptions to the new law apply to law enforcement officials performing their duties and to persons communicating with law enforcement officials regarding suspicious activity. Also, one that is driving and receives information regarding an emergency, the weather, and/or traffic, is immune.
Repetition of Violation
The statute provides that if one is fined for more than one texting while driving violation within a five-year period, a moving violation will be imposed. A moving violation allocates points to the driving record of such violator.
Proving Cause of Accident
The billing record of a wireless user can only be used against him in the event of a motor vehicle accident caused by him while texting and driving, which results in personal injury or death. These records would be used in the legal proceeding as a source of evidence to prove the cause of accident.
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Across the United States, 50,000 pedestrians have been killed from 2000 to 2009. With 5,100 of those pedestrian deaths occurring in Florida, our state has the highest pedestrian danger index in the country. While traffic fatality rates may have decreased across the nation, pedestrian fatalities in 15 of the largest metro areas have actually increased.
Pedestrian accident statistics from the Florida Department of Transportation:
• 48% of pedestrians are killed while crossing a road that is not at an intersection • 40% of all pedestrian fatalities are related to alcohol • 43% of pedestrian fatalities occur on lighted streets at night • 13% of the pedestrians killed were under the age of 10 • 22.7% of all traffic crashes include pedestrians and bicyclists
Pedestrian Accidents Happen Often in the Tri-County Area, but Whose Fault is it?
Recently, a 58-year-old man was crossing the street in Fort Lauderdale when he was hit and killed by a Dodge Ram. While the driver stopped and waited for the police to arrive, the man was pronounced dead at the scene. Another recent accident occurred on N. Miami Ave., where an elderly woman lost control of the SUV she was driving and hit a pedestrian. This pedestrian survived, but was dealing with a number of injuries.
Accidents like these happen regularly on our busy streets. One of the most common natural questions is: Whose fault is it? The law of negligence is used to determine which party was at fault. If the persons involved in the accident failed to exercise a reasonable standard of care during the incident, then they may be held fully or partially responsible for the accident and injuries that may have resulted from it.
Was the motorist following the rules of the road? Was the pedestrian crossing the road at an intersection or designated crossing area? Was the driver traveling at a safe speed? In many cases, both parties may share negligence.
Pedestrian Accidents Can Be Avoided
Many motorists naturally keep their eyes on the road when driving defensively. What is important to keep in mind is that safe driving means not just watching the other vehicles, but also people walking, riding bikes, skating, etc. The same goes for people who are not operating a vehicle. It is easy to just focus on what and/or who is on the sidewalk and maybe not look both ways when crossing the street or wait for the light. If people are aware of their surroundings and keep safety in mind, accidents involving pedestrians could be avoided.
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A story in the news recently brought home how reckless and irresponsible some Florida drivers can be. At approximately 1AM on a Friday morning, an unidentified driver struck a pedestrian in the eastbound lanes of I-195 near North Miami Avenue, and then kept going, leaving the victim in the middle of the road. It is possible that inclement weather may have played a role in the accident, but due to the lack of witness accounts and the driver leaving the scene, the cause is unclear.
Although the Highway Patrol is actively searching for the driver – seeking a vehicle with extensive damage to the front end and possibly a broken headlight – no witnesses were able to give a description of the hit-and-run vehicle, so they do not have any identifying information such as make, model, year, or even color. FHP is requesting that anyone with a possible lead call Miami-Dade Crime Stoppers (305-471-TIPS).
Leaving the Scene of a Car Accident
In the case of any Florida vehicle accident, all drivers involved are required by law to remain at the scene to render aid if possible, as well as exchange insurance information, await the arrival of the police, and generally take responsibility for their actions – even in the case of a single-car accident not causing harm to another person. The penalties for leaving the scene can be severe. Unfortunately, all too many times drivers leave the scene of an accident for a variety of reasons: because they are intoxicated, uninsured, not licensed, driving someone else’s vehicle (borrowed or stolen), or know that they have outstanding warrants, for example.
FHP reports that hit-and-run accidents are on the rise in our state, with Miami-Dade and Broward Counties ranking first and second in number of hit-and-runs. Florida roads and highways are the scene of over ten percent of all pedestrian accidents in the US, and a startling number of these are hit-and-run cases. Personal injury and/or wrongful death often result from such accidents, and receiving compensation for such a devastating incident can be difficult, especially if the at-fault party left the scene immediately without taking responsibility for his or her actions. As an injured person or a surviving family member, you do have legal rights to compensation, from the responsible party and/or insurance companies of those involved. If you can identify the driver who hit you, you can sue for compensation for your injuries, as well as medical bills and lost wages.
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Recently, a tragic story hit the news in Florida about two young Coral Springs women who were killed on the Sawgrass Expressway due to someone else’s negligent driving. Marisa Caran Catronio, the passenger in a 2012 Camry, died at the scene of the head-on collision that occurred when another driver entered the westbound Expressway lanes headed the wrong direction. The Camry’s driver Kaitlyn Nicole Ferrante died four days later.
21-year-old Marisa and her best friend Kaitlyn (20) were driving home from a night out at around 1:45 on a Sunday morning, when a Hyundai Sonata going the wrong way on the Sawgrass hit them head on, killing Marisa at the scene and sending Kaitlyn to the hospital, where she remained on life support for four days until finally succumbing to severe head injuries. The driver of the other car survived the crash with serious injuries.
The heartbreaking story of two best friends killed in a collision went viral when it was found that the driver of the Sonata that hit them was allegedly a self-professed recreational marijuana user who often drank to excess. A Twitter account believed to be that of the driver showed multiple posts about drug use and getting drunk – including the message “2 drunk 2 care” which was posted just hours before the collision that took the two girls’ lives. Police are including the Twitter account in their ongoing investigation into the crash, but so far charges have not been filed in the deaths.
Although drugs and/or alcohol may have had a part in this tragedy, Marisa’s father Gary Catronio says that safety measures are needed to keep other drivers from entering the wrong side of the highway in the future. Mr. Catronio hopes to launch a campaign in his daughter’s memory to get onramps equipped with flashing warning signals or even spike strips to prevent accidents like the one that killed his daughter.
The NHTSA reports that an average of 350 people die each year in wrong-way freeway crashes, with drunk driving identified as one of the main culprits. Other lapses in judgment may also be a partial cause – talking on a cell phone, texting, eating, drinking, changing music or falling asleep at the wheel. Missing or ineffective signage may also contribute to the danger of head-on collisions such as this one.
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In Fort Lauderdale, a motorcyclist was killed by a car traveling on Broward Boulevard. The motorcyclist was traveling east and was struck by a small car turning into a shopping plaza. A police spokeswoman said the car cut him off. Police know the car was a 2008 Ford Focus, though that is the only information they have. The motorcyclist, Kevin E. Gilliam, Jr., was taken to Broward Health Medical Center, where he later died from his injuries.
Mr. Gilliam was wearing a helmet and safety gear. He was doing all he should have been doing. However, when the car made the left turn into the shopping center without paying mind to the motorcycle, he didn’t stand a chance. Now, the family of the motorcyclist is urging the driver to turn himself in since it was a hit-and-run. They are grief stricken and unable to move past this event because they do not know what happened and are trying to understand how a person can simply hit someone and keep driving as though there was no accident.
What to Do if You Are Involved or Witness a Hit and Run Accident
Some of the most common reasons for a driver to flee the scene of a car accident may include the motorist driving without insurance; they may have a warrant out for their arrest or operating a vehicle under the influence of drugs and/or alcohol. In some cases the driver might simply leave the scene because they are afraid of the consequences they may face due to causing an accident.
Depending on the severity of the accident, the victim may have a chance to identify the other vehicle. If this happens, they should attempt to get a good look at the following:
• The license plate • The driver • Make, model and color of the vehicle • Other identifying details: bumper stickers, unique rims, after market items.
The family of the victim has the ability to hire an attorney on behalf of their loved one in order to seek justice for the accident that occurred. Any kind of vehicle accident falls under the jurisdiction of personal injury law. In this case, because the accident was fatal, the family of the motorcyclist should speak to a wrongful death attorney who also has experience with hit and run accidents.
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A truck driver accused of hitting and killing a 78-year-old woman as she walked across the street is looking at serious charges. The mother of eight was walking to church Monday morning when she was struck by the truck driver near the interchange of Northwest 12th Avenue and 60th Street. Family members have identified the victim as Fannie Ash. She was a housekeeper at Cedars Hospital who recently retired. Fannie Ash was known as a hard worker who was dedicated to her family.
Authorities are reporting Ash was hit by a drunk driver, who at first fled the scene of the accident. The driver was urged by his family members to return to the scene. Miami Police Traffic Homicide Sgt. Luis Taborda confirmed the driver was arrested for DUI when he returned to where the accident happened. The driver has been identified as Howard Marty Leven. There was a field sobriety test conducted on Leven before he was arrested.
The victim’s family says they do understand mistakes can be made and accidents do happen, but they are going through a very difficult time right now and want to find some sort of closure. Howard Marty Leven is being charged with of leaving the scene of a fatal accident and DUI manslaughter.
Pedestrian Accidents Due to Driver Negligence
People who drive a vehicle need to exercise reasonable care under the circumstances. Not doing this is where negligence comes in. Examples of this include not yielding the right of way to pedestrians on a crosswalk, disregarding traffic signals, driving carelessly in poor weather and road conditions, failing to follow the speed limit, checking emails, texting while driving and driving under the influence.
Hit and Run Accidents
What can seem even more shocking than a car accident is when you realize the other driver is trying to leave the scene of the accident they may have caused. How could they do this? How could they not even care if you or anyone else in the car is ok or needs medical attention? A hit-and-run driver could have warrants for their arrest, operating a vehicle without insurance or driving under the influence of drugs or alcohol.
Broward County Hit and Run Accidents Are on the Rise
Broward County was number two on the list of Florida counties with highest number of hit-and-run accidents. Even though Miami-Dade retains the top spot, their hit-and-run accidents decreased by a few thousand from the previous year; while Broward County hit-and-run accidents increased by 8% from 2011 to 2012. With reports showing that 3 out of 5 hit-and-runs involve pedestrians, what has also increased with these types of accidents is the number of fatalities.
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ROAD CONSTRUCTION IS UNAVOIDABLE ON FLORIDA ROADS
Our legal team sees it all when they drive to and from work. Our team members come from as far as Miami and West Palm Beach and many rely on I-95 to get to the office. While others live in areas like Sunrise, Plantation and Coral Springs and may use I-595, the Florida Turnpike or both. Even though our Fort Lauderdale Law Office is conveniently located in the beautiful Las Olas area, we all know that there is hardly anything convenient about driving in South Florida – especially where there is road construction.
BUSY FLORIDA ROADS = MORE ROAD CONSTRUCTION
Anyone familiar with Broward County will tell you that there always seems to be construction on I-595, State Road 7 (441) and/or State Road 84. Miami-Dade County is even worse. From the Palmetto Expressway to the Golden Glades, it seems Miami has a countless number of highway on-ramps, off-ramps and overpasses that are either going through construction now or should be in the near future.
It is obvious that enough wear and tear will eventually damage a road to the point that construction is needed – regardless where the road is. The reason some older South Florida roads may seem in worse condition than older highways in other parts of the U.S. is the unexpected growth of the Miami Metropolitan Area (Miami-Dade, Broward and Palm Beach). No one at the time expected an area that was largely wilderness and swamps to one day become the fourth most populated metropolitan area in the United States. As the population grows, roads must be updated.
ROAD CONSTRUCTION ACCIDENTS
Road construction areas have become so common that many people drive through them like they are a regular road. Please keep in mind that nothing could be farther from the truth. Construction sites can often include detours, uneven road conditions, unclear lane or pavement markings, trucks and construction workers. These irregular road conditions can lead to a car accident when there is negligence.
Construction site negligence that may cause an accident can include:
• Construction work that has stirred up dirt and debris to the point of decreasing visibility for drivers.
• Warning sign that is meant to caution drivers of upcoming road conditions is missing or inaccurate.
• Construction debris or material is on the roadway and forces motorists to swerve out of the way and possibly causing an accident.
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Disla v. Blanco, 4D11-2556, 2013 WL 3811805 (Fla. Dist. Ct. App. July 24, 2013)
This auto accident case involves a person losing control of their vehicle after suffering a seizure. The plaintiff in this case was a passenger in the vehicle who suffered personal injuries as a result of the collision.
The defendant in this lawsuit, Joseph Blanco, was driving the plaintiff home one evening. While operating his vehicle, Blanco suffered a seizure causing him to lose control. During the episode, Blanco’s car ran over two different curbs, side-swiped a tree, and ran into someone’s home. The plaintiff sustained a broken neck as a result of the impact. To repair her broken neck, the plaintiff underwent a surgical procedure to fuse back together her neck. With the advice of her lawyer, the plaintiff in this case sought pain management from a medical specialist. Ultimately, she needed to have a second procedure done on her neck which included an additional fusion of the spine.
At the trial, issues were presented to the court regarding the defendant’s negligence in the accident; the plaintiff’s comparative negligence by not having her seatbelt on at the time of the accident; and whether or not the medical treatment that the plaintiff underwent and continues to go through, was and is reasonably necessary.
It was determined that the defendant had no previous knowledge of any existing medical condition pertaining to seizures. Drivers in Florida are required to exercise reasonable care when handling a motor vehicle. Had it been shown that the defendant had a history of seizures, a jury could have found him to be negligent in operating the vehicle because he was aware of the potential harm that he was creating by driving the vehicle. In this case, the defendant had never had a previous seizure and the court determined that he was not negligent with that regard.
When the verdict returned from the jury, it was determined that the plaintiff was ninety percent responsible for her injuries because she was not wearing her seatbelt. The defendant was held to be ten percent liable to the plaintiff for her injuries, and of the over two-hundred thousand dollars in damages being sought by the plaintiff, just over ten thousand dollars was assigned to be paid by the defendant.
Though the plaintiff in this case won the lawsuit, and received an award for damages and costs, it was not what she ultimately looking for from the case. In Florida, a theory of comparative negligence is used in auto accident cases. When a person contributes, even partly, to causing their injuries, a defendant can present evidence to show that the amount of damages should be reduced by the plaintiff’s percentage of liability. A jury decides on what percentage of liability to assign each party. Then a total calculation of the damages is computed, subtracting what percentage of fault is assigned to the plaintiff.
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WHEN THERE ARE SEVERAL AUTOMOBILES INVOLVED IN AN ACCIDENT, THE DAMAGE THAT IS CREATED IS THAT MUCH WORSE
On Friday night, July 19th, Palm Beach County Fire Rescue responded to the scene of a multi-car accident in Royal Palm Beach. The collision that took place on State Road 7 and Okeechobee Boulevard involved five separate vehicles. Of the nine victims who were transported to both Palms West Hospital and Wellington Regional Medical Center, there were several who needed to be removed from the vehicle they were in. Thankfully, none of the parties involved in this large accident had serious injuries to speak of; however, knowing what kind of damage multi vehicle car accidents can cause, they are all extremely lucky.
MULTI-CAR ACCIDENT SCENERIOS
An issue that many times presents itself when there are multiple cars involved in an auto accident is determining who in fact is at fault for the collision. This is true with even the most basic of multi-car accidents, including rear end collisions.
Everyone becomes quick to point the finger at someone else as to being responsible for the accident. It may seem pretty easy to say who is at fault in a rear end collision involving multiple automobiles, but in fact, there are many questions that are raised because people are generally looking forward and do not see what has happened behind them. Times when people attempt to shift responsibility include:
• Front Vehicle at Fault: At times, the front vehicle in a multi-car accident gets blamed for the collision. Accusations of cutting off another driver, braking too aggressively, and recklessly attempting to switch lanes are a few of the things that are used to place blame on a front vehicle.
• Middle Vehicle at Fault: There are situations when a middle vehicle in a multi-car accident receives blame for the collision. Accusations from a rear vehicle may include that the middle vehicle was the first one to strike the first vehicle in line. It is generally the case that the lead vehicle saw what was taking place behind them.
• “Phantom Vehicle” Scenarios: When there is a situation where an at-fault party claims that another vehicle, who was not involved in the actual accident, caused the collision and drove away, it is referred to as a “Phantom Vehicle” situation.
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SOUTH FLORIDA HIT AND RUN ACCIDENT HAS SERIOUS CONSEQUENCES
Recently, Hialeah Police were forced to track down an alleged offender of a hit and run incident which took place at a public bus station. The awful event, which killed one waiting bus passenger and caused injuries to another, occurred outside of a fast food restaurant with patrons inside taking sight of this horrific tragedy. What the Pollo Tropical guests at the 49th Street and 16th Avenue store location witnessed will be embedded in their minds for a very long time. After the victim was struck while at the bus stop, his body was flung through the restaurant’s drive through. The store location immediately closed the facility due to the circumstances.
What has surfaced through reports is that the alleged offender, Henry Paz, fled the scene following the impact with the two victims. Witnesses claim that the vehicle that the suspect was driving, a Toyota Camry had a flat tire and he was driving away on the rim. During the investigation by the Hialeah Police Department, an officer responded to a nearby call of a person in need of a tow truck because of a flat tire within an hour of the hit and run accident. Upon arriving to the tow truck call, which was less than a mile away from the unimaginable scene, officers first came in contact with the alleged offender.
After putting the pieces of the puzzle together, officers arrested the suspect for the hit and run accident and charged him with leaving the scene of an accident with a death and serious injury. Statements from Police later indicate that Paz admitted to drinking alcohol prior to entering his vehicle that evening. The charges that the suspect faces may be amplified by the results of the blood alcohol tests that were administered to him following his arrest.
REASONS PEOPLE FLEE THE SCENE OF AN ACCIDENT
There are many reasons why a person might actually flee the scene of an accident. Some of those reasons include:
• No Driver’s License
• No Proof of PIP Insurance • Impaired Driving • Criminal Warrants
• Stolen Vehicle • Fear of Consequences
HIT AND RUN ACCIDENTS ARE OFTEN FATAL
When a loved one is killed in such a horrific manner, justice is many family members’ number one goal; however, civil litigation many times follows such events as well. Lawsuits for wrongful death are filed when someone has caused a negligent killing of another person. With as much heart ache that is felt by the family of the victim, there can be an equal amount of stress involved with expenses that are generated from the death of their loved one.
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SOUTH FLORIDA ROADS HAVE PROVEN TO BE HAZARDOUS FOR BOTH AUTOMOBILES AND THOSE CHOOSING TO WALK
In the early morning hours on July 22, 2013, a pedestrian, unidentified young woman, was struck and killed by an automobile in Lake Worth, Florida. Reports claim that this victim was either kneeling down, or lying on the roadway when she was struck by the oncoming vehicle. At this stage of the investigation, the identity of the victim is being withheld by authorities until the family who survives her can be contacted and notified of the accident. Officials have confirmed that she was twenty-six years old.
The Palm Beach County Sheriff’s Office has released a statement indicating that the victim was hit while situated on the outside of the eastbound lanes on Lake Worth Road. The vehicle that struck and killed the woman was occupied by two people who were able to walk away from the accident without injuries. The numbers of additional facts that surround this horrific event are still limited given that the investigation remains ongoing.
Having a large populated area like we do here in South Florida creates hazardous conditions at times for many pedestrians who use sidewalks, crosswalks and other paths along busy roadways.
UNDERSTANDING PEDESTRIAN ACCIDENTS
Statistics demonstrate how serious of a problem pedestrian involved auto accidents are. On average, a pedestrian is killed just under every two hours, and injured about every ten minutes by automobiles in the United States. When pedestrian accidents occur, investigators need to look to all the parties involved as both pedestrians and motorists are required to follow traffic laws. This fact may be very basic to many; however, it is extremely important when considering liability of the accident. It can never be assumed that the motorist involved in the accident is the at-fault party by default.
WHEN A PEDESTRIAN IS AT FAULT
When a pedestrian fails to use due care when walking along a major road or busy highway, dangerous conditions are created that may contribute to an accident.
Pedestrians can cause auto accidents when they:
• Cross roads without using crosswalks;
• Walk into the street with oncoming traffic coming;
• Fail to use traffic signals dedicated for pedestrian flow
Following all traffic laws as a pedestrian can greatly reduce the chances of being hit by a car.
WHEN A MOTORIST IS AT FAULT
It becomes a little clearer for us to see how a motorist can be liable for an accident involving a pedestrian. These violations of traffic laws are more regularly heard of by us, and include:
• Speeding • DUI • Careless Driving • Running Red Lights / Stop Signs • Failure to Yield to a Pedestrian’s Right-of-Way • Not Using Signal Indicators
As drivers on the road, it is important for us to be mindful of pedestrians who share the roads with us, and being mindful can come easy if we just follow existing traffic laws.
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Losing a loved one is the hardest thing that a person can go through. When someone you care about is no longer here, the emotions that you go through can be extremely overwhelming. Those emotions are amplified when the person you love has fallen victim to the actions of a drunk driver. In 2011 alone, there were over seven hundred fatalities attributed to drunk driving in the state of Florida. The careless decision made by a person who drinks and drives creates life altering effects for many different people. The legal consequences that a drunk driver will take on, the costs to tax payers to prosecute a drunk driver, and the grief that the family of a victim will be forced to deal with, are all examples of different lives which are effected by drunk driving accidents.
From the day that we first get behind the wheel of an automobile, we are taught that consuming alcohol prior to driving can severely increase our chances of getting into a collision. As a preventative measure to encourage drivers not to drink and drive, promoting the penalties that one can incur from driving impaired, could work to deter a person from driving drunk. When we first receive our Florida Driver’s License, we consented to alcohol testing by law enforcement who believes us to be impaired. Failing to comply with such testing will result in an automatic year suspension of our driving privilege. However, there are harsher penalties involved with failing these alcohol tests conducted by the police, even for a first time offender.
First Time Penalties Associated with DUI
Monetary Penalties Ranging from $250 up to $500
• Possible Community Service Hours • Up to One Year of Criminal Probation
• Jail Time of up to Six Months; Nine Months where a Minor is in the Vehicle • Six Month Minimum Suspension of Driver’s License
• Twelve Hour DUI Safe Driving Course
In Florida, there are over fifty thousand tickets issued annually for DUI penalties. Of those tickets, the State has more than a sixty percent conviction rate, which means that our court system is extremely busy prosecuting DUI offenders. With as many DUI cases as Florida has, you can bet that there is a high cost to state and local expenses in dealing with making sure these drunk drivers receive proper penalties for their crime.
Florida DUI Convictions in 2010 According to DMV Records
• Miami – (Miami-Dade County) – 2,274 • West Palm Beach – (Palm Beach County) – 1,561 • Ft. Lauderdale – (Broward County) – 985 • Tampa – (Hillsborough County) – 3,256 • Jacksonville – (Duval County) – 2,222 • St. Petersburg – (Pinellas County) – 1,824 • Orlando – (Orange County) – 1,383 • Melbourne – (Brevard County) – 1,072
There can be no confusion as to the amount of money that is spent annually on convicting DUI offenders. Though it is an obvious necessity to try and penalize these drivers for their actions, it should remain concerning to us as tax payers that the costs allotted for prosecution of DUIs remains consistently high.
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The new laws in Florida that cover personal injury protection benefits have been made much more stringent to what they were previously. In general, the time that a person has to make a claim under an auto insurance policy has been cut down significantly, as well as additional steps being added to the process of receiving payments for medical bills.
Beginning in January of 2013, the changes that the Florida’s legislature created took effect making victims of auto accidents analyze their injuries and property damage in an extremely timely fashion. The policy argument that came from the state was that the new imposed rules would help to prevent fraudulent claims. The unfortunate truth of the situation is that many non-insurance related groups were impacted from these changes, especially those individuals who have been injured in auto accidents.
A major concern of many Floridians is that they will continue to pay the same amount, if not more, in premiums, while possibly receiving less in benefits. It remains the law that all state citizen drivers maintain a minimum of ten thousand dollars ($10,000.00) in PIP coverage, while certain circumstances could leave them being only able to collect twenty-five hundred dollars ($2,500.00) in medical benefits.
The reform to the previous PIP laws has created a fourteen (14) day window in which an initial consultation with a physician must be performed in order to qualify for benefits. Previously, there has been no time restriction at all. If your first date of treatment comes after the fourteen day period, nothing will be paid by the insurance company to your provider. Initial treatments must be provided by a hospital or licensed clinic, or by a select group of professionals, including medical doctor, dentist, chiropractor and paramedic.
There are also two benefit thresholds:
1st: To qualify for $10,000, your injuries must be diagnosed as an emergency medical condition.
2nd: For a non-emergency treatment, the maximum benefit is $2,500.00
Additionally, certain therapeutic treatments will no longer be covered under PIP regardless of when the claim is filed with the insurance company. Insurance companies have no duty to inform their policy holders of the changes either. Though the new PIP laws require that insurance companies lower their policy holders’ premiums by the year 2014, there is nothing preventing them from fighting this and possibly not having to follow through with it. The requirement itself forces the insurance companies to lower rates by at least 25%, but policies held by Floridians only have approximately 20% of their bills attributed to PIP coverage. This fact alone demonstrates that insured drivers in Florida will not likely even feel a decrease in their policy.
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Most people are not aware of how the law works, the rights they have and the amount of compensation they can be entitled to after they have been injured in an accident that was the result of another party’s negligence. The obstacles and confusion that follow an accident and an injury can seem overwhelming.